Foreshore Maori 'for sure'

By AUDREY YOUNG political editor

A fleet of lawyers for Maori and the Crown listened passively yesterday as kaumatua presented detailed tribal evidence at an urgent Waitangi Tribunal hearing in Wellington into the Government's foreshore and seabed proposals.

But more heat is expected tomorrow when Helen Clark's chief civil servant, Mark Prebble, is scheduled to take the stand on the foreshore, aquaculture and oceans policy, and be cross-examined.

Not known for mincing his words, Dr Prebble caused uproar when he gave evidence in the grievance case taken by former Winz boss Christine Rankin, saying he believed she wore clothes that exposed too much of her breasts and legs.

A unit is about to be established within the Department of Prime Minister and Cabinet to oversee implementation of the Government's plan.

Announced after Parliament rose last year, it will declare ownership of the foreshore and the seabed in the "public domain" and see a roving commission set up to assess the extent of customary interest in the foreshore by hapu, whanau and iwi.

And it promises them a greater say in coastal control in exchange for extinguishing their right to successfully pursue legal title to the foreshore and seabed.

The tribunal will decide whether the proposals breach the Treaty of Waitangi - though its findings are not binding.

Six days are set down for the hearing before a report will be presented to the Government.

The hearing opened in a lounge at the Westpac stadium in Wellington, and began with about 40 lawyers, introducing themselves and their clients to three tribunal members: Maori Land Court Judge Carrie Wainwright, presiding; former Race Relations Conciliator John Clarke, and former law lecturer Joanne Morris.

Most of the proceedings were in Maori, including Judge Wainwright's comments, with simultaneous translation.

Associate Maori Affairs Minister Tariana Turia, who is not expected to vote for the proposed law, attended the morning session.

One observer, Wairata Te One One, took the podium to insist that no lawyer spoke for him or his hapu.

He said he was from the "sovereign council of the tangata whenua," in Gisborne.

Among the counsel was Solicitor-General Terence Arnold, making his first appearance at a Waitangi Tribunal hearing. He found himself sitting next to claimant lawyer Annette Sykes as she guided Ngapuhi elder and waka expert Hector Busby through testimony.

The proceedings were watched by about 150 people and Mr Busby was applauded after his testimony which canvassed the traditional maritime links within Polynesia.

He was one of nine who gave evidence yesterday - most vehemently of the view that the foreshore and seabed belong to Maori, even if they did not use the word "ownership".

Tame McCausland, of Te Arawa, said there was a "seamless link" between the sea, the land and the people".

"Let the ancestors speak," he said through a translator provided by the tribunal.

"The moana belongs to us. It's ours. It always will be. We belong to the moana and the moana belongs to us.

"We don't use the word ownership but that does not mean we accept that we have lesser rights. In terms of tikanga we exercise absolute authority and control over what is ours."